Apple News, Analysis and Podcasts

On January 9, 2007 when Steve Jobs strolled onto the MacWorld stage and unveiled the first iPhone, he wrapped up the presentation by stating the iPhone had over 200 patents, and that Apple planned to vigorously defend their Intellectual Property (IP).

No kidding.

Apple’s legal team laid dormant for quite some time. However, once the mobile device competition became iPhone and iPad look-a-likes, Apple wasted precious little time in launching their IP salvos.

Apple has targeted Motorola, Samsung and HTC, and while many of these suits are in progress, it appears the ITC has leaned just enough in Apple's favor to lay some serious blows to at least Samsung.

The first hint that Samsung's defensive positions were weakening was earlier this month when Samsung agreed to refrain from selling their Galaxy Tab 10.1" device in Australia. There was quite a bit of spin and confusion about what was taking place there, but the bottom line is simply this: Samsung knew it had a great chance of losing its case against Apple in Australia. If that happened then it could set precedence across the globe. Therefore, instead of being beaten and giving Apple legal momentum, Samsung choose to stay out of the country and avoid the conflict.

This move by Samsung may have proved futile, as a court in Düsseldorf, Germany granted a preliminary injunction for Apple, ruling that all Galaxy Tab 10.1" devices can no longer be sold in Europe. The move indicates Apple has a strong case against Samsung, and this won't be good news for the rest of the industry.

Many believe Apple is taking this legal action, looking for technology licensing fees as a settlement. I couldn't disagree more. Apple doesn't play the licensing fee game when it does not have to. Instead, the smart money is that Apple is going after these companies' jugulars. If Apple believes it has a decent chance of winning its cases against these firms, they will take it all the way and move and not allow these knock-offs into the marketplace.

In situations where Apple is in a 50/50 toss-up situation, count on Apple taking licensing fees until Android is so costly to deploy, device makers will look elsewhere for a solution.

Google has been whining of late, spouting off about Apple's victories in patent purchases. In fact, it would best be considered panicking more so than whining. With each suit Apple wins against Android's handsets and tablet makers, Google comes one step closer to being shelved by hardware manufacturers. Google clearly sees this, but with Apple's absolute treasure trove of cash, coupled with patent purchase partners like Microsoft, Google is unlikely to win any bids for patents which Apple wants its hands on.

At present, it would appear Apple is on the precipice of winning several lawsuits. Over the next 12 months many of these cases will have been ferreted out, and if the majority fall in Apple's direction, it could be so bad for Android that Microsoft's Windows Phone 7 platform may be given a serious look by hardware manufacturers again. And you know it's bad if that happens.

3 Comments

1. lrd ~ August 11, 2011 23:26
   Glad to see that Apple's backing up what they preach. Yep, hope that when Apple's done wiping the floor with HTC & Samsung, that they go right after Google.
2. Patrick ~ August 12, 2011 02:45
   "Apple wasted precious time" should be: "Apple wasted precious little time". "knock-off's" should be: "knock-offs". "With each suite" should be: "With each suit".
3. Mark Reschke ~ August 12, 2011 05:35
   RE Patrick - Edited, fixed, the whole nine yards.

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